UK to US Immigration Lawyer: Move to the USA from the UK
Moving from the UK to the United States can open up various opportunities for you and your family. Many UK citizens view the US as a country with great prospects, freedom, different climates, and better living conditions.
If you are considering making a move from the UK to the US, call Total Law on +44 (0) 333 305 9375 for a confidential discussion about how we can help you and your loved ones settle in the country as a UK citizen.
Contents:
- How Can A UK to US Immigration Lawyer Help Me?
- US Immigration Service Areas
- Featured Practice Areas
- Immigrant Visas
- Immigrant Visa Categories
- Employment Sponsored Visa Categories
- Non-Immigrant Visas
- What Are The Requirements For Immigrating To The United States?
- Requirements For Family-Based Visas
- Requirements For Employment-Based Visas
- Who Can Apply for a Green Card?
- Entering The US Without A Visa
- What Visa Do I Need To Enter The US?
- Studying In US As A UK Student
- How Can Total Law Help
- Frequently Asked Questions
How Can A UK to US Immigration Lawyer Help Me?
Our team of qualified US immigration lawyers can assist in moving from the UK to the US.
Total Law can provide tailored advice, application support, or assistance with applying for the correct US visa and permits, as well as ensure all supporting documentation is to help reduce the chances of the application being rejected or refused.
While no US immigration attorney can guarantee success, Total Law can ensure our advice is fully accurate and complies with US immigration law.
US Immigration Service Areas
Total Law provide a range of support services to help you not matter what your current immigration status is or what your plans on.
We can help if:
- are looking to ensure you are eligible to relocate to the US or need advice on which visa is the most suitable.
- you wish to be represented by an experienced lawyer throughout the whole process from assessment to potential appeal.
- you are a company or organisation looking for a professional legal team to help with corporate immigration, including overseeing work and investor visas.
Featured Practice Areas
With years of experience in the immigration field, our team have a wealth of knowledge about key practice areas including:
- Family Visas
- Partner Visas
- Work Visas
- Visa appeals
- Study Visas
- Visitor Visas
- US Citizenship
How To Immigrate to USA from UK
If you want to move permanently from the UK to the US, you must obtain the correct immigrant visa or green card. Getting an immigrant visa to the United States can be a lengthy process and the process can take months or even years.
The US provides immigrant visas based on employment, family ties, special immigrant categories, and diversity visas. You may also be able to move to the US if you win a green card via the Diversity Visa lottery program.
To apply for an immigrant visa, you must be usually sponsored by a US lawful permanent resident (LPR) immediate relative, a US citizen, or a prospective employer. You must have an approved petition before you apply for an immigrant visa. Your sponsor files a petition on your behalf.
The US Citizenship and Immigration Service (USCIS) is in charge of immigration to the country and approves (or denies) immigrant applications. Immigrant visas to the United States are processed for residents and citizens of the UK at the U.S. Embassy in London.
Immigrant Visas
Once you obtain an immigrant visa and move to the United States, you become an LPR. You can live, study, work and engage in any activities you like in the country. Below are the two main broad immigrant visa categories which are as follows:
You can apply for a family-sponsored visa if you have close family members residing permanently in the United States such as a spouse, parent, or fiancé(e).
A U.S. employer-sponsored visa is an immigrant visa that allows its holder to work permanently in the country. The U.S. government offers around 140,000 employment-based visas per fiscal year. Employer-sponsored visas may be relevant to you, depending on your career history or circumstances.
Note that the other types of immigrant visas include diversity lottery green cards, humanitarian green cards, and special immigrant visas.
Immigrant Visa Categories
Family-Sponsored Visa Categories
1. U.S. Spouse Visas:
You are eligible for a U.S. marriage visa if you are married to a U.S. citizen legally. You have to provide documentary proof of marriage. Below are the subcategories of U.S. spouse visas:
- Conditional Resident Visa – you have recently married and will maintain the marriage status for 2 years. This prevents marriages solely to gain permanent entry into the country.
- Immediate Relative Visa – following a two-year marriage, you gain LPR status.
2. K1 Visa
You are eligible for the K1 visa if you are engaged to a citizen of the United States. This visa expired within 90 days. You should be married by then and begin filing the petition for obtaining a spouse visa during this period.
3. K2 Visa
A K2 visa is offered to the unmarried children of persons holding a K1 visa (Fiancé visa). The children must be under 21 years old.
4. K3 Visa
The K3 visa category was formulated to reduce the time a couple (married) stays apart when a petition approval for one partner is pending. While the petition is processed, this visa allows the foreign spouse to reside in the United States.
5.K4 Visa
The K4 visa is offered to the unmarried children of persons holding a K3 visa. The children must be under 21 years old.
6. Intercountry Adoption of Orphan Children
This visa category is utilized by U.S. citizens adopting foreign children. The children are eligible for any one of the following visas:
- IR3 – offered to children following completion of the adoption process. For eligibility, the child has to come from a nation that doesn’t mandate re-adoption following entry into the United States. Children below the age of 18 years become automatic citizens at the time they first enter the country.
- IR4 – Given to children that enter the U.S. and then have their adoption completed. The parents will be legal guardians and file for adoption when the child enters the country.
7. Family Members of U.S. Citizens
This category of immigrant visas is granted to U.S. citizens’ family members or their partners.
- IR2 Visa – Given to the children (not married) of persons holding an IR-1 visa. The children must be under 21 years old.
- CR2 Visa -Given to children (not married) of persons holding a CR-1 visa. The children must be under 21 years old.
- IR5 Visa – Offered to the parents of a citizen above 25 years old.
- F1 Visa – Offered to unmarried sons and daughters of U.S. citizens as well as their spouses and minor children. It has a cap of 23,400 visas.
- F3 Visa – Offered to married sons and daughters of U.S. citizens as well as their spouses and minor children. It has a cap of 23,400 visas.
- F4 Visa – Given to siblings of U.S. citizens, their spouses, and minor children. The U.S. citizen has to be at least 21 years old, and the visa has a cap of 65,000 visas.
Employment Sponsored Visa Categories
1. First Priority Workers: Eb1 Visa
- https://total.law/eb1-visa-for-uk-citizensInternationally recognized and outstanding researchers and professors
- Persons with extraordinary abilities in sciences, arts, businesses, athletics, or education
- Multinational managers for a U.S. parent company, branch, or subsidiary who have worked abroad for at least one of the past three years.
Second Priority Workers: Eb2 Visa
- Professionals with an advanced degree, have completed higher education beyond Bachelor’s Degree, or have a Bachelor’s Degree and five years’ experience in the profession.
- Persons with exceptional abilities in sciences, business, or arts
3. Third Priority Workers: Eb3, EW3 Visas
- Eb3 Visa – Given to skilled workers with at least two years of training or experience in their profession (must not be seasonal).
- EW3 Visa – Granted to unskilled workers who don’t require at least two years of training or experience to work in a given position.
4. Fourth Priority Workers: Eb4 Visa
- Religious workers
- Current or former U.S. government employees
- Broadcasters in the U.S.
- Some foreign medical graduates
- Iraqi and Afghan employees of the U.S. government
- Iraqi and Afghan translators or interpreters
5. Fifth Priority Workers: EB5 Visa
EB-Visas are granted to investors investing at least $1,050,000 or $800,000 in a rural area or high unemployment area in the U.S. There are four categories of these immigrant visas:
- C5 visas for investors who provide employment opportunities outside target areas
- T5 visas for investors who create jobs in high unemployment or rural areas
- R5 visas for investors participating in an Investor Pilot Program outside the target area.
- I5 visas for investors participating in an Investor Pilot Program in the targeted area.
Non-Immigrant Visas
Every year, the U.S. admits different non-citizens into the country temporarily. Non-immigrant visas are the visas granted to these individuals.
Non-immigrant visas can be given to everyone from foreign students to tourists to temporary workers. If you qualify for a non-immigrant visa, you may need to prove to officials that you will not move to an immigrant category.
Nonimmigrant visa categories
| Purpose of Travel | Visa Category |
| Athlete, amateur or professional (competing for prize money). | B1 |
| Au pair (exchange visitor) | J |
| Australian professional speciality | E3 |
| Border crossing card (Mexico) | BCC |
| Business visitor | B1 |
| CNMI-only transitional worker | CW1 |
| Crewmember | D |
| Diplomat or foreign government official | A |
| Domestic employee or nanny accompanying a foreign national employer | B1 |
| An employee of a designated international organization or NATO | G1-G5, NATO |
| Exchange visitor | J |
| Foreign military personnel stationed in the United States | A-2, NATO1-6 |
| Foreign national with extraordinary ability in sciences, arts, education, business, or athletics. | O1 |
| Free trade agreement (FTA) professional: Chile, Singapore | H1, B1 |
| International cultural exchange visitor | Q |
| Intra-company transferee | L |
| Medical treatment, visitor | B2 |
| Media, journalist | I |
| NAFTA professional worker (Mexico, Canada) | TN/TD |
| Performing athlete, artist, entertainer | P |
| Physician | J, H1B |
| Professor, scholar, teacher (exchange visitor) | J |
| Religious worker | R |
| Specialty occupations in fields requiring highly specialized knowledge | H1B |
| Student (academic, vocational) | F, M |
| Temporary agricultural worker | H2A |
| Temporary worker performing other services or labour of a temporary or seasonal nature. | H2B |
| Tourism, vacation, pleasure visitor | B2 |
| Training in a program not primarily for work | H3 |
| Treaty trader/ treaty investor | E |
| Transiting the United States | C |
| Victim of criminal activity | U |
| Victim of human trafficking | T |
| Nonimmigrant visa for spouse and children of a lawful permanent resident. | V |
What Are The Requirements For Immigrating To The United States?
The requirements for immigrating to the U.S. will depend on the type of visa you apply for. For most visa applications, you will need to pass:
- A background check – You will likely have to submit police reports from past residencies and answer questions about any past transgressions
- A medical exam – You will be interviewed regarding your history of communicable diseases, mental health as well as drug use
Requirements For Family-Based Visas
The main requirement for a family-based immigration visa is that you must be closely related to a U.S. citizen or LPR. An affidavit of financial support from an individual ensuring you won’t fall into poverty while residing in the U.S. is also required. Usually, your sponsoring relative or partner will be your financial sponsor. The financial sponsor should have a household income of at least 125% of federal poverty guidelines.
Requirements For Employment-Based Visas
A specific US employer must sponsor you. You must also provide evidence that you have extraordinary skills in your chosen profession. To qualify for these types of visas, you must meet the specific criteria for the category under which you apply. You must properly document your training, skills, and international or national recognition as relevant to the category under which you are applying.
Who Can Apply For A Green Card?
To apply for a Green Card, you have to be entitled under one of these categories below:
- Green Card through the Family -If you are the spouse or family member of a U.S. citizen
- Green Card through the Employment – If you are a first, second, third preference immigrant worker
- Green Card through the Refugee or Asylee Status – If you were admitted as a refugee or granted asylum at least one year ago
- Green Card as a Special Immigrant – If you are a religious worker, Iraqi or Afghani U.S. employee or interpreter, international broadcaster, or employee of an eligible international organization or NATO
- Green Card for Human Trafficking and Crime Victims
- Green Card for Victims of Abuse – If you are an abused spouse of an LPR or U.S. citizen, abused child of the same, or abused parents of a U.S. citizen
- Green Card through Registry – If you have lived in the U.S. continuously since before January 1, 1972
Entering The US Without A Visa
What Visa Do I Need To Enter The US?
If you’re a UK citizen or from another country and want to visit the USA, you’ll need either a non-immigrant visa for temporary stays or you can apply for an ESTA. Depending on your reason for travel, you’ll need to apply for one of the following:
B-1 Visa for Business Visitors
This is for people traveling to the U.S. for business reasons, like attending conferences, negotiating contracts, or meeting with business associates.
B-2 Visa for Tourism
This is for tourists visiting the U.S. for leisure purposes, such as visiting friends or relatives, receiving medical treatment, or taking short recreational courses.
Studying In US As A UK Student
To study in America, UK students must apply for a specific visa based on the type of school they want to attend:
- For universities, high schools, colleges: Apply for an F Visa.
- For private elementary schools, seminaries, language courses, and other academic institutions: Apply for an F Visa.
- For vocational non-academic institutions: Apply for an M Visa.
British students need to be accepted by a U.S. school approved by the Student and Exchange Visitor Program (SEVP) to be eligible.
Regarding work opportunities on a U.S. Student Visa:
- International students may be allowed to work on-campus in limited circumstances, like unforeseen financial difficulties, necessary expenses, or personal changes such as marriage or having children.
- For immigration assistance, expert immigration lawyers are available to provide support.
How Total Law Can Help
Total Law can help you with visa guidance, application assistance, developing an immigration strategy, providing legal representation, and ensuring compliance with immigration laws when immigrating to the US from the UK.
Our friendly team at Total Law serves as your trusted legal partner, guiding you through every step of the immigration journey and helping you to navigate and understand the complexities of US immigration law.
If you are considering making a move to the United States, call Total Law on +44 (0) 333 305 9375 for a confidential discussion about how we can help you and your loved ones relocate to the US and eventually gain US citizenship.
Advice Package
Comprehensive immigration advice tailored to your circumstances and goals.
Application Package
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Appeal Package
Ensure you have the greatest chance of a successful appeal. We will represent you in any case.
The Advice Package
During this untimed Advice Session with our professional immigration lawyers in London, you will receive our comprehensive advice, completely tailored to your needs and your situation.
The Application Package
With our Application Package, your dedicated immigration lawyer will advise you on your application process and eligibility. Your caseworker will then complete and submit your forms to the Home Office on your behalf.
The Fast Track Package
Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
The Appeal Package
By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.
Related pages for your continued reading.
Frequently Asked Questions
Moving to the US from the UK can be challenging, especially as there is a significant amount of paperwork and processes that must be followed to ensure a successful outcome.
You must ensure that you meet the eligibility criteria in order to move to the US and submit the right supporting documentation. Therefore, you may wish to consider using a UK to US immigration lawyer.
The requirements to immigrate to the US from England, Wales, Northern Ireland and Scotland depend on the immigration route that you opt for.
If you are moving for work purposes, then you will need to demonstrate suitable qualifications and experience as well as an offer of work from a US employer.
If applying via the family pathway, you must have a qualifying relative living in the US who will sponsor you.
Speak to one of our qualified immigration UK to US lawyers to discuss in detail the criteria for the many US visas on offer.
